Saturday, November 14, 2009

Can I lose my house to someone who is suing me?

I live in Florida and last summer I went to PA for a birthday celebration. Unfortunately, As I was pulling out in the road a woman was speeding, so I stopped and she lost control. She was speeding around the bend in the road and lost control, she ended up hitting a tree. Her children were in the back seat without seatbelts on. They all were hurt. My question is that my insurance company offered them $300,000.00 but she wants more. They asked me if I had an umbrella cap on my insurance policy for my house. Appartently, she wants my house. My car wasn't even hit. I was creeping out and looking back and forth to make sure the coast was clear and she came careening around the corner. Thank God I stopped. I heard in Florida they can't take your house, just assets you may own. Any help would be appreciated. I am the mother of five children and don't have much. Oh, if you are wondering they can't prove if she was speeding. Stinks for me. She fractured her pelvic.

Can I lose my house to someone who is suing me?
Your insurance company should have hired an accident reconstruction expert. The analysis would have shown the speed of the other vehicle and speed at impact. It would have shown if the other driver contributed to or caused the accident.


If you are sued, the plaintiff can go after any and all of your assets, if the various claims are worth that much money.


You may have to hire an attorney to protect your interests for any claims above the available liability insurance.


If you do have to go to court, your attorney may be able to determine if your insurance company was negligent in not having an accident reconstruction expert examine the evidence.
Reply:Excuse me, but why was this your fault? How did you get cited? If you are explaining this right, any police officer would not have cited you so your insurance would not have had to pay anything.


If you were cited and named at fault, then if your insurance pays, it's over if they accept. If she goes to court and gets more, she can put a lien on your home, so if you ever sell it whatever the lien is on it gets paid first from the sale. Do a homestead for at least $100,000 to protect that equity at least.
Reply:I don't believe that they can "take" it; but they can file liens against it's sale or refinance that will require payment.
Reply:If it's your only residence and you have children, I do NOT believe they can legally take your house. I would seriously suggest consulting an attorney about this. Don't trust your insurance company to protect your interests.
Reply:You will have to get the services of an attorney if you have to go to court on this matter as the equity in your home is also partly your wife's and her financial interests in the family home need to be protected.





Fracturing her pelvis could make her incapable of having a family walking/working or leading a full and active life.





You should ask your attorney to see if he can find information about how much compensation a person who has suffered these kind of injuries have received in the past. It may give you an idea about how much your going to have to pay out. if anything at all.


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